Searching Content indexed under Arbitration & Dispute Resolution by Butler Snow LLP ordered by Published Date Descending.
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Lamps Plus, Inc. v. Varela: Do Ambiguous Arbitration Agreements Provide "Consent" Necessary for Class Arbitration?
The Ninth Circuit held the arbitration agreement was ambiguous as to whether the parties agreed to class arbitration.
United States
20 Aug 2019
What's Good For The Goose May Not Be For The Gander.
Tennessee Rule of Appellate Procedure 13(a) provides that "any question of law may be brought up for review and relief by any party." Well, not always.
United States
8 May 2019
Blue Cross Policy Dispute Battle Revisited
Law Elevated is an occasional column written for the Mississippi Business Journal by Butler Snow attorneys.
United States
20 Jun 2018
The Ending Was Epic – United States Supreme Court Upholds Employee Class Action Waivers
In a much anticipated opinion, the United States Supreme Court held on May 21, 2018, that arbitration agreements that waive an employee's right to resolve claims through class or collective action are enforceable.
United States
25 May 2018
Doctrine, Doctrine … Give Me The News
There are approximately 500 legal doctrines referenced in Black's Law Dictionary. And there are more where those came from.
United States
3 Aug 2017
Tennessee Business Court Requires Arbitration Of Franchise Agreement Disputes Notwithstanding Provision For Application Of Tennessee Law
The Tennessee Business Court, in For Senior Help, LLC v. Medex Patient Transport, LLC, Case No. 16-0553-BC, decided January 5, 2017, stayed litigation and compelled arbitration of the disputes...
United States
25 Jul 2017
The Tennessee Business Court Matures From Start-Up To Growth
In 2015, to much fanfare, the Tennessee Supreme Court created the Davidson County Business Court Pilot Project ("Business Court").
United States
8 May 2017
Word Games Aside … An Agreement To Settle Is An Agreement To Settle
The Tennessee Court of Appeals refused to let a litigant weasel out of a negotiated and binding agreement to settle disputed claims. Tim Grace v. Jeanna Grace d/b/a Grace Trucking.
United States
26 Apr 2017
S.D.N.Y. Litigators Hit Snooze Button, Magistrate Judge Peck Issues Second "Wake-Up Call" For "Every Litigator"
Renowned (e)discovery guru (and I use that term advisedly) Andrew Peck, a U.S. Magistrate Judge for the Southern District of New York, recently issued what he termed a "wake-up call" to the Bar...
United States
22 Mar 2017
Secured Creditor's Obligations To Dispose Of Collateral In Commercially Reasonable Manner Triggered Only Upon Possession
In a recent, well-written opinion, the Tennessee Court of Appeals, Middle Section, WM Capital Partners, LLC v. Thornton, No. M2015-00328-COA-R3-CV, filed January 17, 2017, determined that a secured...
United States
10 Mar 2017
Bieber, Beer, And… Protective Orders
On February 8, 2017, pop star Justin Bieber was scheduled to be deposed in Santa Monica, California.
United States
10 Mar 2017
The Supreme Court Clarified Bank Fraud Statute Does Not Require A Defendant To Intend To Defraud A Bank.
In December 2016, in a unanimous decision, the Supreme Court held in Shaw v. United States, 137 S.Ct. 462 (2016), that the Bank Fraud statute does not require the government prove...
United States
28 Feb 2017
The Sixth Circuit Confirms What We Already Should Know — It Can Be Challenging To Enforce An Arbitration Provision In An Expired Contract
A unanimous panel of the Sixth Circuit recently rejected a manufacturer's attempt to compel arbitration under an expired contract in Linglong Americas, Inc. v. Horizon Tire, Inc.
United States
12 Dec 2016
Fifth Circuit Reaffirms The "Limited" And "Exceedingly Deferential" Review Of Arbitration Decisions
The Fifth Circuit declined a pro se plaintiff's invitation to reconsider the merits of his claim and instead confirmed the arbitration award against him under the Federal Arbitration Act's standard...
United States
12 Sep 2016
The Demand Approach: Fifth Circuit Clarifies That Arbitration Demand, Not Award, Determines Amount In Controversy
In a case of first impression for the U.S. Court of Appeals for the Fifth Circuit, the court held that in a proceeding to confirm an arbitral award under the Federal Arbitration Act...
United States
14 Jun 2016
Arbitration Agreements: Make Your Own Rules Of Civil Procedure
Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case.
United States
1 Jun 2016
SEC Settles Charges With Private Equity Firm And Four Executives For Failure To Disclose Conflicts Of Interest
Fenway Partners served as an investment adviser to a private equity fund called Fenway Partners Capital Funds III, L.P. ("Fund III"), for which services Fund III paid Fenway Partners an advisory fee.
United States
25 Nov 2015
The Alabama Supreme Court Allows A Second Bite At The Arbitration Apple
Could a failure to participate in a court-ordered arbitration be enough to waive a party's right to arbitration?
United States
14 Oct 2015
United States
3 Oct 2015
Lawyers, Guns, And Parking Lots – A Review Of Tennessee's Public Chapter 80
The Tennessee Legislature recently provided employees with a valid handgun carry permit a new private right of action against their employers.
United States
3 Oct 2015
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